The director shall not approve any permit to install
application for a solid waste incinerator or solid waste energy recovery
facility unless he determines that:

(A)
The solid waste incinerator or solid
waste energy recovery facility will be capable of operating in compliance with
Chapters 3704. and 6111. of the Revised Code; and

(B)
The solid waste incinerator or solid
waste energy recovery facility will be capable of being constructed, operated,
and closed in accordance with Chapter 3745-27 of the Administrative Code, and
with the terms and conditions of the permit; and

(C)
The solid waste incinerator or solid
waste energy recovery facility is not located in a floodway; and

(D)
The solid waste incinerator or solid
waste energy recovery facility is not located within two hundred feet of any
surface waters of the state, as defined in rule
3745-1-02 of the
Administrative Code.

(E)
The
applicant and/or person listed as operator who has previously or is currently
responsible for the management or operation of one or more solid waste
facilities, has managed or operated such facility in substantial compliance
with applicable provisions of Chapters 3704., 3734., and 6111. of the Revised
Code, and any rules and permits issued thereunder, and has maintained
substantial compliance with all applicable orders issued by the director, the
environmental board of review, or courts having jurisdiction in accordance with
Chapter 3746-13 of the Administrative Code, in the course of such previous or
current management or operations. The director may take into consideration
whether substantial compliance has been maintained with any applicable order
from a board of health maintaining a program on the approved list; and

(F)
The person or persons listed
as operator of the facility meet the requirements of division (L) of section
3734.02
of the Revised Code and rules adopted thereunder; and

(G)
The applicant meets the requirements of
sections
3734.40
to
3734.47
of the Revised Code and rules adopted thereunder; and

(H)
The applicant has executed an instrument
that meets the criteria established in rule
3745-27-15
of the Administrative Code, for providing financial responsibility for the
final closure of the solid waste incinerator or solid waste energy recovery
facility in accordance with rule
3745-27-53
of the Administrative Code; and

(I)
The solid waste incinerator or solid waste energy recovery facility is not
located in any of the following areas, in existence on the date of receipt of
the permit to install application by Ohio EPA:

(1)
National park or recreation area; or

(2)
Candidate area for potential
inclusion in the national park system; or

(3)
State park or established state park
purchase area; or

(4)
Any property
that lies within the boundaries of a national park or recreation area but that
has not been acquired or is not administered by the secretary of the United
States department of the interior.

If the solid waste incinerator or solid waste energy recovery
facility is located within a park or recreation area identified in this
paragraph and exclusively manages wastes generated within the park or
recreation area, this paragraph shall not apply; and

(J)
The solid waste incinerator or
solid waste energy recovery facility is not located within two hundred fifty
feet of the following, which are in existence on the date of receipt of the
permit to install application by the Ohio EPA:

(1)
Areas designated by the Ohio department
of natural resources as either a state nature preserve, a state wildlife area,
or a state scenic river; or

(2)
Areas designated, owned, and managed by the Ohio historical society as a nature
preserve; or

(3)
Areas designated
by the United States department of the interior as either a national wildlife
refuge or a national scenic river; or

(4)
Areas designated by the United States
forest service as either a special interest area or a research natural area in
the Wayne national forest; or

(5)
Surface waters of the state designated by Ohio EPA as either a state resource
water, a coldwater habitat, or an exceptional warmwater habitat, as classified
in accordance with Chapter 3745-1 of the Administrative Code.

(K)
All waste handling areas of a
solid waste incinerator or solid waste energy recovery facility are not located
within two hundred fifty feet of a domicile in existence on the date the permit
to install application was received by the Ohio EPA; and

(L)
All waste handling at the solid waste
incinerator or solid waste energy recovery facility will take place inside
buildings, structures, or other methods of cover deemed acceptable to the
director;

(1)
Shall prevent the infiltration
of leachate, and is constructed to prevent any unauthorized discharge of
leachate from the facility;

(2)
Readily allows wet or dry cleanup operations;

(3)
Is sloped so as to direct leachate to
collection points and the leachate management system, and will not allow
ponding of liquids;

(4)
Is designed
to be capable of withstanding the forces and weights encountered during normal
facility operations;

(5)
Is
accessible to annual visual inspection for cracks and breaks; and

(6)
Is constructed with materials and methods
which enable repairs to be made; and

(N)
Adequate collection, management, and
treatment and/or disposal facilities are provided for leachate. If leachate
conveyance and storage structures are utilized, they shall:

(1)
Be monitored, as required by the
director; and

(2)
For storage
tanks, be provided with spill containment; and

(3)
For leachate lines, be double cased; and

(4)
For storage structures, have a
capacity sufficient to ensure proper operation of the facility.

(O)
In the case of a permit to
install application for:

(1)
A new solid
waste incinerator or solid waste energy recovery facility to also treat
infectious waste for which a notation authorizing infectious waste treatment is
proposed to be included in the solid waste incinerator or solid waste energy
recovery facility's license pursuant to division (B)(3) of section
3734.05 of
the Revised Code; or

(2)
To modify
an existing solid waste incinerator or solid waste energy recovery facility,
which does not have authorization to treat infectious waste, to treat
infectious waste for which a notation authorizing infectious waste treatment is
proposed to be included in the solid waste incinerator or solid waste energy
recovery facility's license pursuant to division (B)(3) of section
3734.05 of
the Revised Code,

The application satisfies the criteria specified in paragraph
(D)(5) of rule
3745-27-37
of the Administrative Code.